Thomas v. Montaldo, et al
| BARNSTABLE COUNTY CORRECTIONAL FACILITY |
| TERRENCE THOMAS |
| STEVE MONTALDO, Officer, TIM CONNELLY, Officer, KIRI JARVIS, PETER MONTERO, Major and PETER MONTEIRO, Major |
| 23-1643 |
| August 8, 2023 |
| U.S. Court of Appeals, First Circuit |
| Prisoner Civil Rights |
Docket Report
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| Document Text |
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ORDER entered: Upon consideration of appellant's motion to extend the time to file PLRA forms, the motion is allowed. The time to file the completed PLRA forms 1 and 2 or to pay the filing fee is enlarged to November 7, 2023 . Appellant's failure to comply with this order may result in dismissal of this appeal for lack of diligent prosecution pursuant to 1st Cir. R. 3.0(a). [23-1643] (ALW) [Entered: 10/02/2023 09:13 PM]
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| MOTION to extend time to file PLRA response filed by Appellant Terrence Thomas. Certificate of service was not included. [23-1643] (ALW) [Entered: 10/02/2023 03:54 PM] |
| TRANSCRIPT report/order form filed by Appellant Terrence Thomas indicating transcripts are not necessary for this appeal. Certificate of service was not included. [23-1643] (ALW) [Entered: 10/02/2023 03:43 PM] |
| NOTICE of appearance on behalf of Appellee Kiri Jarvis filed by Attorney Caroline M. Smith. Served on 09/29/2023. [23-1643] (CMS) [Entered: 09/29/2023 10:13 AM] |
| BRIEFING schedule set. Brief due 11/07/2023 for appellant Terrence Thomas. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [23-1643] (ALW) [Entered: 09/28/2023 09:50 PM] |
| NOTICE of default and intent to dismiss issued. This appeal will be dismissed pursuant to Fed.R.App.P. 3(a) and 1st Cir. R. 45.0 for failure to prosecute unless the required PLRA forms are properly completed and filed with this office or the full filing fee is paid to the clerk of the district court by 10/04/2023. [23-1643] (KPC) [Entered: 09/20/2023 03:32 PM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Kevin Freytag for Steve Montaldo, Tim Connelly, Peter Monteiro and Barnstable County Correctional Facility and Caroline Marie Poirier Smith for Kiri Jarvis. [23-1643] (ALW) [Entered: 09/15/2023 09:53 AM] |
| DOCKET sheet sent to appellant. [23-1643] (ALW) [Entered: 09/13/2023 10:23 AM] |
| LETTER regarding Appellant's Transcript Report/Order Form filing and status of appeal with attachments enclosed sent to Appellant Terrence Thomas. [23-1643] (ALW) [Entered: 09/13/2023 09:58 AM] |
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ORDER directing appellant to file a corrected Transcript Report/Order Form. Pro se appellant Terrence Thomas has filed a transcript report order form that appears to request copies of district court orders, as the district court docket reveals that no hearings were heard on March 8, 2022, or on July 21, 2023. The form is also noncompliant because it does not identify the court reporter from whom a transcript is requested, lacks specificity regarding which proceedings are to be transcribed, and lacks appellant's signature. Accordingly, appellant is directed to either 1) file a motion for transcripts at government expense in this court, or 2) make satisfactory financial arrangements with the applicable court reporters and file a compliant transcript order form, or 3) file a compliant transcript order form indicating that transcripts are not necessary for this appeal. Appellant's failure to comply with this order by September 21, 2023 , may result in the court setting a briefing schedule, if appropriate. [23-1643] (AL) [Entered: 09/07/2023 05:35 PM]
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| PLEADING tendered: Transcript Report/Order Form filed by Appellant Terrence Thomas. Certificate of service was not included. [23-1643] (ALW) [Entered: 08/30/2023 03:16 PM] |
| NOTICE issued. After 09/13/2023, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Kevin Freytag for Steve Montaldo, Tim Connelly, Peter Monteiro and Barnstable County Correctional Facility and Caroline Marie Poirier Smith for Kiri Jarvis. [23-1643] (ALW) [Entered: 08/30/2023 03:25 PM] |
| NOTICE of appearance on behalf of Appellee Kiri Jarvis filed by Attorney Noel Dumas. Served on 08/30/2023. [23-1643] (NBD) [Entered: 08/30/2023 10:59 AM] |
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ORDER entered: Upon consideration of motion, and upon review of the record in this case, plaintiff-appellant Terrence Thomas' "motion to modify the correct spelling of Kerry Jarvis name" is denied. See Fed. R. App. P. 12(a) (stating that "the circuit clerk must docket the appeal under the title of the district court action"); see also district court's July 21, 2023 memorandum and order (D.E. 122) (stating defendant informs "the correct spelling of her name is 'Kiri Jarvis'"). [23-1643] (ALW) [Entered: 08/23/2023 06:27 PM]
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| NOTICE of appearance on behalf of Appellee Kiri Jarvis filed by Attorney Noel Dumas. Served on 08/23/2023. [23-1643]. CLERK'S NOTE: The document is incorrect as to the party name. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, 08/30/2023. (NBD) [Entered: 08/23/2023 05:42 PM] |
| NOTICE of appearance on behalf of Appellees Steve Montaldo, Tim Connelly and Peter Monteiro filed by Attorney Joseph W. Proctor. Served on 08/22/2023. [23-1643] (JWP) [Entered: 08/22/2023 04:28 PM] |
| NOTICE of appearance on behalf of Appellees Steve Montaldo, Tim Connelly and Peter Monteiro filed by Attorney Kier Wachterhauser. Served on 08/22/2023. [23-1643] (KBW) [Entered: 08/22/2023 04:25 PM] |
| PLRA LETTER issued. IFP was granted in district court. PLRA forms sent. PLRA response due 09/05/2023. [23-1643] (GB) [Entered: 08/21/2023 05:01 PM] |
| Request to proceed in forma pauperis on appeal filed by Appellant Terrence Thomas was granted in the district court by order dated 06/02/2021. [23-1643] (GB) [Entered: 08/21/2023 05:00 PM] |
| DOCKET sheet sent to appellant. [23-1643] (ALW) [Entered: 08/18/2023 05:43 PM] |
| LETTER sent to Appellant Terrence Thomas regarding transcripts and status of appeal with copies of the United States Court of Appeals for the First Circuit Docket, District Court Docket, and copies of the Transcript Report/Order Form enclosed. [23-1643] (ALW) [Entered: 08/18/2023 05:19 PM] |
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ORDER entered: Construing plaintiff-appellant Terrence Thomas' letter received on August 16, 2023, as a motion to extend time to file a transcript report/order form, that motion is granted. Appellant shall file the transcript report/order form on or before September 22, 2023 . Accordingly, appellant's motion to order all transcripts from the district court is denied without prejudice to renewal. [23-1643] (ALW) [Entered: 08/18/2023 03:57 PM]
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| MOTION to modify the correct spelling of Appellee Kerry Jarvis's name filed by Appellant Terrence Thomas. Certificate of service was not included. [23-1643] (ALW) [Entered: 08/17/2023 04:48 PM] |
| MOTION to order all transcripts from United States District Court filed by Appellant Terrence Thomas. Certificate of service was not included. [23-1643] (ALW) [Entered: 08/17/2023 05:16 PM] |
| LETTER regarding the Transcript Report/Order Form filed by Appellant Terrence Thomas. Certificate of service was not included. [23-1643] (ALW) [Entered: 08/17/2023 05:10 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #124) filed by Appellant Terrence Thomas. Transcript Report/Order form due 08/23/2023 . [23-1643] (GB) [Entered: 08/09/2023 12:47 PM] |
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